Dock Information - Cassie Property Owners Association

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CASSIE PROPERTY OWNER’S ASSOCIATION, INC
PO BOX 34
BUCHANAN DAM, TEXAS 78609
SAFETY STANDARDS FOR PIERS, DOCKS AND
BUOYS ON CASSIE WATERFRONT PROPERTIES
PURPOSE AND PREFACE
These safety standards apply to all residential piers and docks located on Cassie Property
Owner’s Association, Inc (POA) property and are adopted pursuant to its authority and
intended to provide minimum requirements to protect property owner’s safety, access and
water quality. These Standards supersede all previous editions of the Cassie POA Pier
and Dock Rules and Standards.
These Standards are intended to be in compliance with the Lower Colorado River
Authority’s published Safety Standards for Residential Docks on the Highland Lakes,
dated, April 2004 and the Texas Parks and Wildlife published A Digest of the Texas
Water Safety Act, dated August 31, 2001.
DEFINITIONS
Words used in these Standards and not defined in this section or in the POA's Rules shall
have their ordinarily accepted meaning. For the purposes of these Standards, the
following words and phrases are defined.
Abandoned Docks: A dock that (1) exceeds the maximum distance from the shore
requirement set forth in these Standards (2) is adrift or (3) not maintained.
Buoys: Buoys are navigational markers that are for safety by restricting careless or
reckless activity or to provide information. All buoys on POA Waterfront Property are
by LCRA permit to the Cassie POA are classified as NO WAKE and are for the specific
purpose to promote safety, reduce wake damage to private property and to aid in noise
abatement from watercraft.
Design Elevation: The elevation, measured in feet above mean sea level, which is
specific for Lake Buchanan, 1,020 feet.
Dilapidated Dock: A dock that (1) has any structural members, roofing, decking,
flotation or walkways that are not securely attached and could pose an immediate safety
or navigation hazard, (2) is submerged, (3) is not floating upright, (4) has decks or floors
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below waterline, (5) is in a state of disrepair, or (6) is otherwise not in compliance with
these Standards.
Effective Date: The Effective Date of these Standards shall be upon the date adopted
by the Cassie POA Board of Directors, but these Standards shall apply to existing
residential piers and docks.
Encased Flotation: Expanded polystyrene fully enclosed by one of these materials:
(a) Treated dimensional wood, 1.5 inches thick (actual) or more
(b) Nontreated dimensional wood 4 inches thick or more
(c) Treated plywood 0.5 inch thick or more
(d) Nontreated marine grade plywood 0.5 inch thick or more
(e) Concrete 1 inch thick or more
(f) Galvanized steel 0.065 inch or 16 gauge thick or more
(g) Liquid coatings, 30 mils thick or more, chemically or securely bonded
(h) Rigid (hard) plastics, 50 mils thick or more
(i) Fiberglass and plastic resins 30 mils thick or more, chemically or securely
bonded.
Or these materials that may or may not enclose expanded polystyrene:
(j) Devices using air chambers as flotation designed specifically for marine use
(k) Plastic barrels which contain no hazardous materials or residue
(l) Other materials approve by the LCRA
Expansion: Any increase in the Water Surface Area of a residential Dock.
Existing Residential Dock: A Residential Dock that, on or before the Effective Date of
April 2004, the Effective Date of the LCRA Standards, is constructed and located on or
over the water surface of Lake Buchanan. These updated rules apply to existing piers
and docks which must come into compliance whenever repairs are performed.
Fixed Dock: A rigid structure or portion of a rigid structure supported by pilings,
retaining wall or other materials and associated with a permanent foundation that is either
resting or embedded in the lake bottom and is designed to make relocation impracticable.
A Cassie POA permit is required.
Floating Dock: A structure or portion of a structure supported by flotation or otherwise
designed to make relocation possible. A Cassie POA permit is required.
Flotation: Material such as polystyrene, wood or other material used to support floating
Structures on the water surface.
Gangway: A walkway or structure extending from the dock to the shore that, because
of its short length, does not require supports by floats or outriggers and which occupies
no more than 80 square feet of water surface area.
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Highland Lakes: Includes Lake Buchanan and the upper reaches of the Colorado River
above Lake Buchanan within its assigned region.
LCRA: Lower Colorado River Authority established in 1938, by the State of Texas
Legislature to administer and manage the Highland Lakes and that part of the lower
Colorado River under its authority.
Low Lake Levels: The elevation measured in feet above mean sea level for Buchanan
that is 1,012 feet.
Marina Facility: Any structure or combination of structures, other than Residential
Dock located on or over the water surface of Lake Buchanan and that is designed for the
mooring of Watercraft or is a commercial facility, community marina or marine service
station.
Modifications: Any change, addition or alteration of a Residential Dock or any change,
addition or alteration in the location, configuration, structure or substructure of a resident
Dock. A modification does not include routine maintenance and repairs or repairs
required by the Cassie POA or LCRA to bring a Residential Dock that is Dilapidated or
Abandoned into compliance with the applicable Safety Standards for Residential Docks
on the Highland Lakes.
Navigable Passage: A dedicated space to allow the passage of Watercraft. It is defined
as at least 75 feet wide with a minimum depth of eight feet and includes Cassie Boat
Ramp and boat launch channel access to the lake.
New Residential Dock: A Residential Dock constructed after the Effective Date of
April 2004.
Off Set: A distance of 20 feet Right of Way access area open to all Cassie Property
Owners. All Residential Docks located on Cassie POA Property will be located at a
minimum, 20 feet from the Property Owners Plated Property Line. Thus, providing free
access across POA Property to all Cassie Property Owners between the Residential Dock
and the Plated Property Line of the Residence. The Gangway to a pier or dock cannot be
across this 20 foot Right of Way. A Gangway must start after the 20 foot Right of Way
access zone, unless a variance is granted by the POA Board of Directors.
Push Dock: A Residential Dock that is affixed to large wheels that allow the dock to be
pushed out into the water and relocated during both high and low water periods. A Push
Dock is subject to the same restrictions and conditions as Fixed and Floating Docks. A
Cassie POA permit is required for Push Docks.
Recessed Dock: A Residential Dock that is located within a Property Owner’s Plated
Line that requires cutting a channel across the POA Right of Way Off Set. These Docks
are not allowed as they violated the Off Set Rule of free community access. A Cassie
POA permit is not obtainable.
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Residential Dock: A noncommercial dock associated with a single-family residence
for which no compensation is/will be received by the owner(s) of the dock for its use.
This definition also includes swim platforms and piers. A floating Dock located on Lake
Buchanan that occupies more than 1,500 square feet of Water Surface Area, excluding
the square footage occupied by the Gangway, shall be considered a Marina Facility. Any
dock structure exceeding 1,500 square feet and not associated with a single family
residence may be subject to the LCRA Highland Lakes Marina Ordinance.
Shoreline: The line at which the water surface of Lake Buchanan intersects the land at
any given time. The Shoreline will move as the surface elevation of the lake changes.
Standards: These Safety Standards for Residential Docks on Lake Buchanan that are
located on Cassie POA Property and/or established by the LCRA Residential Docks
Standards of April 2004 and the Parks and Wildlife Digest of the Texas Water Safety Act
after August 31, 2001.
Structure: Anything constructed or otherwise located on or over the water surface,
extended over the water surface, or affixed to something that is/will be located on the
ground and covered by water or is located on land and is an essential part of the
Residential Dock, such as an electrical system.
Water Surface Area: The area including, but not limited to, the width times the length
of the Residential Dock’s floating and fixed structures located on or over the water, its
open and covered slips and the maximum area covered by Watercraft, including that
portion of the Water Surface Area that is used by Watercraft as a courtesy dock and all
end tie areas. Gangways are not included in the Water Surface Area measurements.
Watercraft: Any craft, vessel or boat used or capable of being used as means of
transportation on or under the water, including vessels such as houseboats and other
vessels not used primarily for transportation.
Waterfront Property: Property that adjoins the Shoreline, at lake elevations measured
in feet above or below the Lake Buchanan elevation of 1,020 feet. The Cassie
Subdivision Plat as filed in the Burnet County Courthouse does not allow Waterfront
Property. As filed by the developer, all lots were plated to retain the land at, above and
below the 1,020 feet line to the developer. These Rights were later transferred by title to
the Cassie Property Owner’s Association, Inc.
SAFETY STANDARDS
ABANDONED DOCKS
AND DILAPIDATED DOCKS
No person shall allow a pier or dock owned by him or her to become an Abandoned
Dock or Dilapidated Dock. The Cassie POA permits all docks and should the owner be
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found in violation of the permit by allowing the dock to become a safety hazard, the
Cassie POA will require the offending structure to be removed by the owner and/or
person(s) in control. Should the owner fail to comply with the Cassie POA letter of
notice to the owner the structure will be removed and the owner and/or person(s) in
control are liable to the POA for the removal expense.
FLOTATION
New Residential Docks using flotation must use Encased Floatation. If Flotation is
being replaced in conjunction with the replacement of Structures of the Residential Dock
in its entirety, Encase Flotation must be used.
An Existing Residential Dock using flotation after LCRA Standards date of April 2004
may continue to use Flotation that is not Encased Flotation until February 18, 2014. At
that time, all Flotation must be Encased Flotation.
Residential piers, docks and flotation must be kept free of vegetation.
Metal barrels or drums are prohibited for new or replacement flotation and must be
replaced within three years of the LCRA Standards Effective Date of April 2004.
LIGHTING
A Residential Dock must be lighted continuously from sunset to sunrise and during
periods of restricted visibility by low intensity lighting in compliance with the Cassie
POA rules.
The minimum safety lighting allowed under these Standards shall be adequately define
the presents of all Structures located on or over the water surface and be lighted so as to
clearly identify the walkway and the entire structure. The maximum wattage will be the
lesser of each light shall and shall not exceed the 15-Watts per light or all lights in the
aggregate exceeding 60 Watts total. Lighting shall be so located and configured or
shielded so as not to present a hazard to navigation or a nuisance to members enjoyment
of the POA Properties. The goal is to maintain the darkness of the waterfront without
lighting up the area or reflections that shine or sparkle as to become a nuisance to other
members, adjoining properties or to navigation.
A swim platform must be continuously lighted from sunset to sunrise and during periods
of restricted visibility.
ANCHORING
A Residential Dock must be securely attached to the shore, taking into consideration
water depth, lake level fluctuation and exposure to wind, fast moving water, wave action
and the Cassie POA Off Set Rule. Anchor cables for floating docks shall (1) not create a
hazard to navigation or block ingress or egress for Watercraft, (2) be maintained in good
condition and have a minimum working load of 1,000 pounds, (3) have thimbles or other
chafing protection.
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ELECTRICAL
Overhead wiring spans above the open water surface are prohibited. These include
electrical conductors and communication cables such as television, telephone, etc.
LAKE ACCESS
A Residential Dock shall be located no closer to the Property Owners Plated Line as
prescribed by the POA Rules, than the prescribed 20 feet allowing unimpeded excess to
all Cassie POA property at and below the 1,020 feet elevation line. Per LCRA
Residential Dock Standards of April 2004, the Maximum distance from the Shoreline
shall be no more that 150 feet measured perpendicular from the Shoreline.
The POA Board prior to installation must approve a Residential Pier or Dock location.
A Residential Pier or Dock will not exceed a “design” elevation of 1022 feet. Piers and
Docks are intended to be open structures without a roof for wind safety reasons and
consideration of members whose lake view should not be obstructed.
LIABILITY
The neither Cassie Property Owners Association, Inc. nor the Board of Directors is liable
for the structural condition, safe use or unsafe practices involved with any Pier or Dock
permitted to a Member. The Member who owns or has control of any structure on Cassie
POA properties assumes all liability and financial responsibility by placing a structure on
Cassie POA properties.
ENFORCEMENT
INSPECTIONS
Upon receipt of a report, complaint or suspicion of possible violation of these Standards
or at the request of a Residential Pier or Dock owner, the Cassie POA Board members
may accompany the Director for Waterfront to inspect a Residential Pier or Dock. The
Director for Waterfront is not required to provide advance notification for inspections
since the structure resides on POA property by permit and the required 20 foot Offset
from platted private property allows access.
RIGHT OF ENTRY
Since the Cassie POA owns and is responsible for the shoreline that is at, above and
below the 1020-foot elevation the Cassie POA retains Right of Entry. In addition, the
Member consents to allowing POA Board access upon accepting a Cassie Pier or Dock
permit for a Residential Pier or Dock. However, were private property is involved, the
POA will notify the owner at the time of the inspection of their presence wherever
possible. The Cassie POA shall have the right to enter at all reasonable times in or upon
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any property, whether public or private, for the purpose of inspecting and investigating
conditions relating to the construction, Expansion, Modification or relocation of a
Residential Pier or Dock.
NOTICE OF VIOLATION
Whenever any violation for the Residential Pier and Dock Safety Standards for either
the Cassie POA, and LCRA Residential Pier or Dock Safety Standards or the Parks and
Wildlife Standards occurs, the Cassie POA Director for Waterfront shall investigate and
inform the Cassie POA Board of Directors that a Notice of Violation (NOV) should be
issued stating the nature of the violation(s) and shall provide notice of such violations by
sending a copy of the notice via certified mail to the dock owner.
OPPORTUNITY TO REMEDY VIOLAIONS
The Residential Dock owner shall have 30 working days from the date that the NOV is
posted to comply with the Standards. A request for an exception to the time frame shall
be in writing and shall explain in detail the need for additional time and what measures
are being taken to ensure that the health and safety of the Members and their Guests is
not compromised until the violation can be corrected. The Director of Waterfront has the
discretion to grant a request for extension of time that shall be approved in writing.
EMERGENCY ORDER
Should the violation be of such a nature that causes imminent and substantial
endangerment to human health and safety, including an imminent navigation hazard. The
Director for Waterfront in consultation with the President and/or a Vice President, of the
Cassie POA, shall notify the LCRA’s Water Surface Management Department of the
necessity to involve the LCRA for the purpose of issuing an EMERGENCY ORDER to
the dock owner to immediately isolate the hazard from the Members and their Guests
until such time as the hazardous condition can be corrected and order that the condition
be corrected within a specified time period. This is in accordance with the LCRA
published Safety Standards for Residential Docks, April 2004, pages 11 and 12.
NAVIGATION HAZARDS AND DOCKS ADRIFT
LCRA retains the authority to immediately relocate or remove from the waters of Lake
Buchanan any Residential Dock that is adrift or, at the discretion of the LCRA agent or
officer, otherwise presents a navigation hazard. If a dock owner is identified the LCRA
shall according to its rules take reasonable steps to issue a NOV within three working
days after removal or relocation of the Residential Dock has occurred. LCRA Safety
Standards for Residential Docks, April 2004, page 12.
NO WAKE BUOYS
The Cassie Property Owner’s Association, Inc. buys, maintain and retain the LCRA
permit for the number and specific location of each NO WAKE Buoy. It is unlawful for
any individual or group of individuals to remove, relocated or intentionally damage a
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Navigational Marker. The buoys are water traffic signals and are to be obeyed by all
operators of watercraft on Lake Buchanan. Should anyone violate or tamper with a
buoy, the Texas Parks and Wildlife, Burnet County Sheriff’s Department and/or LCRA
Water Police who patrol Lake Buchanan and any Member of the Cassie POA Board who
observes a violation can issue a citation. The Water Safety and County officers above
give citations for disregard of a NO WAKE areas violation and/or an illegal act involving
the removal or tampering with a buoy. The POA Board will prompt an investigate for the
purpose of filing charges for endangerment of the public per the Texas Water Safety Act
all Member reported illegal acts by other Members or their Guests.
AMENDMENT OR SUSPENSION
OF THE STANDARDS
The Cassie POA Board of Directors may amend these Standards from time to time after
notice and reasonable opportunity for comment by Cassie Property Owners. When the
Cassie POA Board is notified that the Lower Colorado River Authority Board of
Directors has approved a modification or change in the LCRA Safety Standards for
Residential Docks on the Highland Lakes the Cassie Standards will be so amended.
The Board of directors may suspend these Standards ("grant a variance"), or any portion
thereof, whenever the Board determines such suspension to be in the interest of Cassie
Property Owners.
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